‘A Judicial Officer Can’t Shout At Judges’: SC Refuses To Stay Contempt Case

The Supreme Court on Thursday refused to stay contempt proceedings initiated by the Bombay High Court against a senior judicial officer over an “unwarranted outburst” during a hearing, observing that a judicial officer cannot shout at judges in court.

A bench of Justices Vikram Nath and Sandeep Mehta agreed to hear the officer’s challenge to the high court’s September 1 order but allowed the contempt proceedings to continue. It directed that the high court may proceed with the matter but not pass a final decision before September 28, when the case will next be heard by the Supreme Court.

The controversy arose during proceedings on an interim application seeking directions for the creation of 179 posts for fast-track courts. The high court was examining whether the state had actually created the posts and whether the information provided in affidavits by the Law and Judiciary Department adequately addressed the issue.

The officer, then serving as secretary and senior legal adviser in the department, was present during the hearing. After finding an earlier affidavit unsatisfactory, the high court asked where the additional affidavit stated that the 179 posts had been created.

According to the high court, instead of directly answering, the officer responded in an aggressive, high-pitched tone bordering on shouting and blamed the high court administration for not filling the posts.

The high court said the incident occurred before a packed courtroom and that the officer’s conduct undermined the dignity and authority of the court. It subsequently issued a contempt notice against him.

Senior advocate Vikas Singh, appearing for the officer, told the Supreme Court that his client had not shouted and had already tendered an unconditional apology. The bench, however, called the conduct “gross indiscipline” and advised the officer to return to the high court and apologise unconditionally.

His counsel also said the officer had been transferred to a Naxalite-affected area around 1,000 km away.